JB/034/047/001

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1823. Sept. 5
Constitutional Code.
Ch. XVI Quasi Jury

37.
10. Pay regular among
the popular to those
needing it: adequate to
them, not to others: for
the burthen thence on
the needy, would be intolerable.
to Erudite,
no such pay: sufficient
compensation, the distinction.

38.
11. In aid of Quasi Jur,
visitors – on the Public
Opinion Tribunal Committee:
o sit, when constant
sittings of Quasi
Jury might be too heavy
a burthen: viz. at
Summary Sittings:
from Summary judgements
therein, Appeal
to same or other Judge
at appointed sittings.

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39.
Of Quasi Jury compared
with Jury System,
established and indiscriminately
lauded
features, such the concisest
indication of
some, ascription of the
qualities will supersede
proof: as to others, follow
explanations.

40.
1. As to adopted features.
Disentangled and approved,
the following.
1. Characteristic feature.
By the functions of these
ephemeral Assessors,
bridle to the power of professional
and perpetual
Judge.

41.
2. Powers by which the
effect is produced.
1. Popular sanction exercised
by Pub. Opin. Trib.
2. Political, including legal
do. – giving to this, moral,
fractional share in Judge's
power.

42.
For conferring the popular
sanction power, no
combination of it with
legal is necessary.
Publicity suffices: power
will be as extent.

43.
Extent is as –
1. Number of hearers.
2. Do. of readers.

44.
More important extent
by readers than by hearers
– viz. as to
1. Security for correctness.
2. Permanence.
3. Indefinitely increasable
extent.

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45.
Per Contra, more impressive
on those who
have cognizance, spoken
discourse than
heard.

46.
So small comparatively
the greatest number
of hearers, the
principal part of it's
importance consists
in the security afforded
by it for the correctness
of the readible copies:
namely, the existence
of copies.

47.
Hence, monitory rule.
Smaller the Justice
Chamber, greater shall
be the care taken by authority,
that such Copies
should receive existence:
thence, that in default
of official registration,
chance note-takers
be multiplied, and
chance of correctness
proportionably encreased.

48.
2. Distinct, though less
obvious additional
check, is – Judge's obligation
to exhibit the
grounds of his decision
and preliminary proceedings
by apt explanations
and reasons.
1. If thus seen to be conformable,
every thing is
as it should be.
2. In so far as unconformable,
by inadequacy
or absence of reasons
he stands exposed:
by absence of do. he
stands self condemned.

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49.
Distinct from simple
publicity is this positive
account-rendering obligation.
To any extent,
publicity may have lace,
where the account rendering
has not.
Witness the numerous
instances in which, without
the account-rendering,
the publicity has place –
1. Judicatories without Jury.
2. In Jury containing
Judicatories, preliminary
sittings & stages
without Jury.

Identifier: | JB/034/047/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-05	Marginal Summary Numbering	37-49
Box	034	Main Headings	constitutional code
Folio number	047	Info in main headings field	constitutional code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10321
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